The vehicular manslaughter case against DeGraff was sent to an Ulster County Grand Jury to decide whether to proceed with charges in the death of 18-year-old Derek J. Wood of Ulster Park.

Esopus Town Justice Elizabeth Shanley-Manicone agreed the case should go to the grand jury after listening to Ulster County Sheriff's Deputy S. G. McKenzie describe conditions surrounding the March 28 accident on Salem Street.

In response to a request by the Ulster County District Attorney's Office, DeGraff did not attend the hearing.

"That was because the defendant wanted to save the family the unpleasantness of having to hear the details about (Wood's) death and what had occurred," Assistant District Attorney John Tobin said. "He did not have to do that, but he graciously agreed to do that so that I did not have to put on additional witnesses (to discuss) those matters."

During the hearing Tobin received an agreement from DeGraff's attorney Cappy Weiner that "Derek Wood was killed in an accident by a motor vehicle driven by DeGraff" without an admission that alcohol or traffic violations occurred.

Police said the accident occurred at about 11:25 p.m. in front of 214 Salem St. McKenzie said rescue squad members were already at the scene when he arrived 10 to 13 minutes after emergency calls were issued. He said he assisted with CPR on Wood until more help arrived.

McKenzie said when he went to the 2009 GMC pickup truck involved in the accident it was on its roof, with DeGraff inside sitting on the roof and talking on a cell phone.

McKenzie said he asked DeGraff to end the phone call and asked if he was alone. "He stated 'do you see anyone else in here?'" McKenzie said.

McKenzie described smelling alcohol on DeGraff's breath both at the accident scene and at Kingston Hospital, where he was arrested after admitting he had been drinking at the Anchorage restaurant, the deputy said.

It was at Kingston Hospital that McKenzie said he asked DeGraff how much he had to drink.

"He stated 'way too much,'" McKenzie said.

In response to questions by Weiner, McKenzie said that DeGraff did not acknowledge knowing that Wood had been hit during the accident.

Authorities previously said DeGraff had a blood alcohol content of 0.18 percent when he failed to negotiate a curve as he was traveling eastbound on Salem Street in Port Ewen and struck a guardrail. The 2009 GMC Sierra driven by DeGraff mounted the top portion of the guardrail and continued in an easterly direction, striking Wood, who was walking westbound along the eastbound shoulder of the road, authorities said.

DeGraff was freed from his vehicle and transported first to Kingston Hospital then admitted to Albany Medical Center for a possible fractured neck, where he was being guarded by law enforcement officials until his release Sunday. Following his release from the hospital, DeGraff was arraigned and sent to Ulster County Jail in lieu of $100,000 bail. He remained in jail Thursday.

More than a dozen family members and friends of Wood were at the Esopus Town Hall, holding signs asking that there be "Justice for Derek."

However, they declined comment on the case.

Police have reported that DeGraff in 1995 was sentenced to two to six years in state prison for the November 1994 shooting death of Debra Scism, which he initially claimed was a suicide, but later admitted was not. He was allowed to plead guilty to a lesser charge of second-degree manslaughter, and was released from prison in 1999.